Having a pool is a wonderful thing but also a big responsibility and every municipality has certain rules and regulations for owners that it is important to follow to avoid liability if there are any accidents. Even more importantly, these sorts of accidents can usually be prevented in the first place by following those regulations! While the exact regulations will vary depending on your municipality, some things are pretty much universal.
Rules, Regulations, and Liability for Swimming Pool Owners
In most states, there are requirements for the owners of swimming areas to take action that will protect the area. Most places require that below-ground swimming pools have fencing, and your municipality will generally set a required height for this fencing. It’s often between four and five feet. Usually, any opening in the fence can’t be any larger than 4 inches. Gates are often required to be self-latching and can only unlatch from the inside area. Depending on your area, you may also be required to use pool covers, pool area alarms, and keep up minimum maintenance on any pool decking.
An owner will also usually be required to warn any visitors about any dangers of the pool that aren’t clear and obvious. For example, if you have a pool slide that has been broken, but this isn’t something the average person would notice unless they closely inspected the slide, you should remove it immediately, make repairs, or, if you can’t do those immediately, warn your guests about it every time anyone goes swimming.
Finally, you should always remember that you may be liable for injuries that happen to children if they are invited to swim but aren’t given proper supervision during their time swimming. If you issue an invitation, make sure that you’ve worked with the children’s parents to be certain everyone is properly supervised.
The “Attractive Nuisance Doctrine”
In most areas, property owners do not owe a duty of care to trespassers. They are not required to warn trespassers about safety issues on their property, nor are they responsible for injuries that a trespasser may suffer while trespassing (you should always check with your state’s laws on this, however). Even where this is the case, though, there is an exception to this rule in most states called the “attractive nuisance doctrine.” The attractive nuisance doctrine is the idea that children cannot be expected to understand the dangers of things like adults do, and thus special care needs to be taken to protect them against things that they are likely to find attractive. Any area where a child can swim is automatically considered one of these “attractive nuisances.”
What this all means is that the law expects it’s likely a child may see a pool and go try to get in it without telling any adult, without permission, and without any understanding of the danger. Because children are too young to understand drowning, it falls to the property owner to properly barrier off the swimming area to keep children from entering it without authorization. Now, of course, the best fencing in the world can’t 100% guarantee that no child can ever get through. A determined child may still find a way; there may be situations where a child is clever enough to figure out how to get over a fence. But in that case, so long as you have followed the laws to put up appropriate barriers as required, you would be unlikely to be held liable.
How is liability figured?
In most cases, liability is figured based on the status of the person who is injured on your property. As stated above, you always have a responsibility to protect children, even trespassing children. You have virtually no liability when it comes to adult trespassers. We have all heard the horror stories of neighbors sneaking onto property to go swimming when the homeowners are gone. This is considered trespassing, and you would likely not be liable, but it’s always a good idea to protect yourself by putting up signs forbidding trespassing and specifically swimming without permission.
You have some liability towards someone who is invited onto your property in a professional capacity, such as a pool maintenance worker or someone coming to fill the swimming area. For people like this, you will just need to warn them of any hazards. You have the highest degree of responsibility towards any guests that you deliberately allow to use your swimming area. Anyone you have invited to swim needs to be supervised; all hazards need to be fixed or marked and blocked off, etc.
Protecting Against Accidents
The best way to avoid liability is to avoid an accident in the first place! Make it a habit to constantly supervise any children who go swimming, even if they are good swimmers and have been to the area many times. Follow all your state and local requirements at all times, and regularly check your fencing and any gates or alarms to make sure they’re still working. Make sure everyone in your family knows CPR and basic first aid; keep all required rescue equipment nearby and easy to access; and don’t let anyone use your swimming area if they have been drinking or under the influence of drugs.
You can put up signs that say “Swim at Your Own Risk,” but be aware that this will not really protect you from liability unless the swimmer is an adult trespasser. But you can put up no trespassing signs, signs reminding users of the swimming area not to run over the wet surfaces, and install motion-activated lights that can alert you if someone is in the swimming area when they shouldn’t be after dark.
Insurance?
Typically, your regular homeowners insurance will include coverage for a swimming area, and you likely already know this because it will have been a question the insurance adjuster asked when you were getting your policy, and your policy is likely more expensive as a consequence. However, if you don’t have coverage for this in your insurance, or if you’re concerned that the coverage might be insufficient, you might consider a special rider or an umbrella policy that can give you more protection.
Having a place to swim is a wonderful thing, especially in the depths of summer. It provides recreation and exercise for the entire family, relief from the heat, and can greatly increase the value of your property. There are some pretty big responsibilities that come with it, though, so take these seriously. If you haven’t done so, find out now what regulations are in effect in your municipality so you’re sure of following all of them and minimizing your liability (as well as the possibility that anyone might get hurt on your property).
You care about your right to go swimming at home, and we do, too! Contact us at Taylor Farms LLC in Inwood, WV to find out more about our water hauling service, ask for a quote, and schedule a delivery. At Taylor Farms Water Hauling, we deliver clean, locally sourced, pre-treated water for filling any swimming or bathing area all around the Eastern Panhandle. If you live in West Virginia, Virginia, Maryland, or even in parts of Pennsylvania, contact us at Taylor Farms Water Hauling now and find out what we can do.
